applies to payments to
contractors which further indicated that the assessee was operating as
a contractor, not as a developer.
• The AO referred ... section 80-IA benefits. The amendment
made it explicit that only developers, not contractors, are eligible.
• The AO referenced the Finance Minister's clarification
applies to payments to
contractors which further indicated that the assessee was operating as
a contractor, not as a developer.
• The AO referred ... section 80-IA benefits. The amendment
made it explicit that only developers, not contractors, are eligible.
• The AO referenced the Finance Minister's clarification
before coming to the conclusion whether the assessee is a contractor or a
developer, the contract agreement has to be read in its entirety ... Government to a
contractor by way of a tender process would fall under the ambit of the
contractor rather than developer. This issue has been
from revenue generated by the developer/land owner. In other words, the
developer acts as a principal whereas the contractor acts as an agent ... developer. The developers, in
true sense, are the persons who are carrying out the business of
developing or operating and maintaining or developing, operating
developer of the infrastructure facility.
ASSESSEE IS A DEVELOPER OF INFRASTRUCTURE
FACILITY:
The issue of difference between a developer and a contractor
was examined ... Rajkot) has examined the scope
of terms "developer", "contractor" and "work contract" vis a
vis section 80IA
developer of the
infrastructure facility.
ASSESSEE IS A DEVELOPER OF INFRASTRUCTURE FACILITY:
The issue of difference between a developer and a contractor was examined ... Rajkot) has examined
the scope of terms "developer", "contractor" and "work contract" vis a vis section 80IA
developer. The
developers, in true sense, are the persons who are carrying out the business of
developing or operating and maintaining or developing, operating ... being a developer
since the role of a developer is larger than that of a contractor. As such it follows from the
above that
issue as to whether the assessee is a
developer or works contractor as the assessee merely executed the contract for
the various sites awarded ... related issues such as the meaning of 'develop' or 'developer' and
'contractor'.
The heading of Section 80IA mentions that
reported in 94 ITD 411 also observed that the civil contractors
who are developing the infrastructure facility is eligible for
deduction u/s 80IA ... view that those persons working for others are the works
contractors and not developers. In the case of the assessee, the
assessee itself undertook
80IA(4) is concerned, it does not talk either about developer or
about contractor, therefore according to the AR, when ... relevant
section does not make any distinction between either the developer or
contractor, then how can the AO create the distinction. He further
submitted that
